Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37266 of 2018 Petitioner :- Gulab Dhar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Kumar,Rakesh Prasad Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 6.12.2018 registered as Case Crime No.353 of 2018, under Sections 323,504,506,419,420,467,468,471 IPC, P.S. Aurai, District Bhadohi.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged on the basis of application u/S 156(3) Cr.P.C. moved by the respondent no.3 containing absolutely false and concocted allegations against the petitioners. The petitioners have nothing to do with the alleged crime and they have been prosecuted by the respondent no.3 with malafide intention. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2018 M. Tariq